Summarization of S.1409

Summary of the “Kids Online Safety Act”

Full text available here: Text – S.1409 – 118th Congress (2023-2024): Kids Online Safety Act | Congress.gov | Library of Congress

SECTION 1. Short title; table of contents.

• The act is named the “Kids Online Safety Act” and contains 16 sections outlining various measures to ensure online safety for minors.

SECTION 2. Definitions.

• Defines key terms such as “child,” “compulsive usage,” “covered platform,” “geolocation,” “individual-specific advertising to minors,” “mental health disorder,” and “minor.”

SECTION 3. Duty of care.

• Requires covered platforms to take reasonable measures to prevent and mitigate mental health disorders, addiction-like behaviors, physical violence, online bullying, harassment, sexual exploitation, promotion of harmful substances, and predatory marketing.

SECTION 4. Safeguards for minors.

• Platforms must provide accessible safeguards for minors to limit communication, protect personal data, control personalized recommendations, restrict geolocation sharing, and delete accounts and data.
• Parental tools must be available to manage privacy, account settings, restrict purchases, and monitor usage.
• Platforms must establish reporting mechanisms for harms to minors and respond promptly.

SECTION 5. Disclosure.

• Platforms must provide clear information about their policies, practices, and risks to minors and parents before registration or purchase.
• Parental consent is required for children under 13.
• Information about personalized recommendation systems and advertising practices must be disclosed.

SECTION 6. Transparency.

• Platforms with over 10 million active users must publish annual reports on risks of harm to minors, prevention and mitigation measures, and effectiveness of safeguards based on third-party audits.

SECTION 7. Independent research on social media and minors.

• The FTC will contract the National Academy of Sciences to conduct studies on the harms of social media to minors, including mental health, substance use, sexual exploitation, and addiction-like behaviors.
• Additional studies will be conducted to update findings and provide policy recommendations.

SECTION 8. Market research.

• The FTC, in consultation with the Secretary of Commerce, will issue guidance for platforms conducting market research on minors, including consent forms and research practices.

SECTION 9. Age verification study and report.

• A study will be conducted on methods for age verification at the device or operating system level, considering privacy, data security, technical feasibility, and competition impact.

SECTION 10. Guidance.

• The FTC will issue guidance for platforms and auditors on best practices for safeguarding minors, evaluating efficacy, and providing control options.
• Guidance will also be issued to schools for using safety tools and educating students and teachers.

SECTION 11. Enforcement.

• The FTC will enforce the Act as a violation of unfair or deceptive acts, with powers to impose penalties.
• State attorneys general can bring civil actions on behalf of residents to enforce the Act.

SECTION 12. Kids online safety council.

• The Secretary of Commerce will establish the Kids Online Safety Council to provide advice on emerging risks, prevention methods, research themes, and best practices for transparency and audits.

SECTION 13. Filter bubble transparency requirements.

• Platforms using opaque algorithms must provide notice and offer an input-transparent algorithm option, allowing users to switch easily.
• Platforms must disclose algorithmic features and user-specific data use.

SECTION 14. Effective date.

• The Act will take effect 18 months after enactment.

SECTION 15. Rules of construction and other matters.

• Clarifies the relationship to other laws, protections for privacy, compliance with legal inquiries, and applicability to video streaming services.

SECTION 16. Severability.

• If any provision of the Act is deemed unenforceable, the remaining provisions will remain in effect.

SCARS Institute Analysis of S.1409

Major Benefits for Online Safety of Children:

1. Enhanced Protection Against Harmful Content:
   • Platforms must take measures to prevent and mitigate exposure to harmful content, including mental health issues like anxiety, depression, and suicidal behaviors, as well as online bullying, harassment, and sexual exploitation.
2. Parental Controls and Safeguards:
   • Platforms are required to provide tools for parents to manage their children’s privacy, account settings, restrict purchases, monitor usage, and control content exposure. This empowers parents to protect their children more effectively.
3. Transparency and Accountability:
   • Annual public reports on risks to minors, prevention, and mitigation measures are mandated, enhancing transparency. Independent third-party audits ensure platforms are held accountable for their practices.
4. Age-Appropriate Advertising Restrictions:
   • The act restricts individual-specific advertising to minors based on their personal data, psychological profiling, or device identifiers. This helps reduce the exploitation of minors through targeted marketing.
5. Enhanced Reporting Mechanisms:
   • Platforms must establish easy-to-use reporting mechanisms for harms to minors and respond promptly, ensuring quick action against any potential threats to children’s safety.
6. Research and Data Collection:
   • Independent research on the impacts of social media and online platforms on minors will provide valuable insights, guiding future policy and platform improvements to better protect children.
7. Age Verification Systems:
   • The study and development of age verification systems at the device or operating system level aim to prevent minors from accessing inappropriate content, enhancing overall safety.

Negative Aspects:

1. Implementation Challenges:
   • Platforms may face significant technical and operational challenges in implementing the required safeguards, parental controls, and reporting mechanisms. This could lead to increased costs and resource allocation.
2. Privacy Concerns:
   • While the act emphasizes privacy safeguards, the collection and processing of data for age verification and personalized recommendations might still raise concerns about minors’ data privacy.
3. Potential Overreach:
   • The requirement for platforms to conduct independent audits and issue public reports may be seen as burdensome, especially for smaller platforms that may not have the resources to comply without significant strain.
4. Impact on User Experience:
   • Mandatory features like input-transparent algorithms and restrictions on personalized recommendations could alter the user experience, potentially making platforms less engaging or user-friendly for minors.
5. Enforcement and Compliance:
   • Ensuring compliance with the act’s provisions may be challenging, especially with the vast number of platforms and varying levels of adherence to the guidelines. This could lead to inconsistent enforcement and protection levels.
6. Economic Impact:
   • Platforms, especially smaller ones, may face financial strain due to the need to invest in new technologies, audits, and compliance measures. This could impact innovation and competition within the industry.
7. Potential for Misuse of Parental Controls:
   • While parental controls are essential for safety, they could potentially be misused by parents to excessively monitor or control their children’s online activities, impacting their privacy and autonomy.

Overall, the “Kids Online Safety Act” aims to provide robust protection for minors online, but its implementation and potential impacts need careful consideration to balance safety, privacy, and user experience.

SCARS Institute Position of S.1409

Position Statement: SCARS Institute Fully Supports the Kids Online Safety Act

Call to Action: Urge Congress to Pass the Kids Online Safety Act

The Society of Citizens Against Relationship Scams Inc. (SCARS Institute) stands in full support of the “Kids Online Safety Act.”

This landmark legislation represents a critical step forward in ensuring the safety and well-being of our children in the digital age. The Act introduces comprehensive measures designed to protect minors from the myriad of dangers that exist online, including harmful content, cyberbullying, and exploitation.

Key Benefits of the Kids Online Safety Act:

1. Enhanced Protection Against Harmful Content: The Act mandates that online platforms take proactive steps to prevent and mitigate exposure to content that could harm the mental health and well-being of minors.
2. Robust Parental Controls and Safeguards: Parents will have access to advanced tools to manage their children’s online activities, ensuring they can shield their kids from inappropriate content and interactions.
3. Increased Transparency and Accountability: Platforms will be required to conduct independent audits and issue public reports on the risks to minors and the measures taken to address these risks, fostering a culture of accountability.
4. Restrictions on Targeted Advertising: The Act restricts the use of personal data to target advertisements at minors, reducing the risk of exploitation through personalized marketing.
5. Improved Reporting Mechanisms: Enhanced mechanisms for reporting harms to minors will ensure swift action and resolution of issues that threaten children’s safety.
6. Independent Research on Social Media Impacts: The Act calls for comprehensive research into the effects of social media and other online platforms on minors, providing valuable insights to inform future policies.
7. Age Verification Systems: Development of age verification systems will help prevent minors from accessing age-inappropriate content, ensuring a safer online environment.

Why SCARS Supports the Kids Online Safety Act:

At SCARS, we have seen firsthand the devastating effects that online scams, exploitation, and harmful content can have on individuals and families. The Kids Online Safety Act addresses these issues head-on, providing a framework to protect the most vulnerable members of our society—our children.

This legislation is not just a policy; it is a commitment to creating a safer digital world where children can learn, play, and grow without fear of encountering harmful content or predatory behavior.

Call to Action:

We urge all our supporters, members, and the broader community to take immediate action. Contact your congressperson today and express your strong support for the Kids Online Safety Act. Let them know that this legislation is crucial for the safety and well-being of our children.

By passing this Act in the U.S. House of Representatives and sending it to the President for his signature, we can make a significant impact on the safety and security of children online.

 

 

How You Can Help:

1. Contact Your Congressperson: Reach out to your local representatives and urge them to support the Kids Online Safety Act. Your voice matters, and together we can drive this critical legislation forward.
2. Spread the Word: Share this position statement with your friends, family, and social networks. Encourage others to join the cause and advocate for the safety of children online.
3. Stay Informed: Follow SCARS and other advocacy groups to stay updated on the progress of this legislation and other initiatives aimed at protecting minors online.

At SCARS, we are committed to the safety and well-being of every individual. The Kids Online Safety Act is a vital step toward a safer digital future for our children. Let’s work together to ensure its passage and create a safer online world for all.

For more information or to get involved, please contact your Representative directly. You can find them here: Find Your Representative | house.gov

Together, we can make a difference.

Sincerely,

Tim McGuinness, Ph.D., DFin, MCPO, Manth
Director,
SCARS Institute™
Society f Citizens Against Relationship Scams Inc.